1. As to KRW 79,564,09 and KRW 76,767,046 among the costs, the Plaintiff (Counterclaim Defendant) from September 6, 2016.

1. Basic facts

A. On July 20, 2015, the Defendant: (a) lent KRW 100,000 per month interest to the Plaintiff, who was a part of the elementary school, after the birth of the elementary school (hereinafter “instant loan for consumption”); and (b) on July 19, 2016, the period of repayment was determined and lent (hereinafter “instant loan for consumption

B. The Plaintiff paid interest to the Defendant the amount indicated in the “amount to be appropriated” column 1-10 of the attached table Nos. 1 to 10 “the date of appropriation for performance” as of the date indicated.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. For the following reasons, the Plaintiff’s obligation under the instant monetary loan for consumption ceases to exist due to the extinguishment of all of the Plaintiff’s assertion.

1) Of the interest paid by the Plaintiff to the Defendant, the amount exceeding the interest rate under the Interest Limitation Act ought to be appropriated for the repayment of principal. 2) The Defendant sent the Plaintiff the word containing a bath for debt collection, and made the Plaintiff write the word directly or by having another person write the Plaintiff into C, thereby coercing the Plaintiff.

As a result, the plaintiff suffered a serious mental pain, so the defendant is obligated to pay 70 million won to the plaintiff as consolation money.

The plaintiff offsets the above loan claim with the above damage claim.

B. The plaintiff alleged by the defendant is obligated to pay to the defendant the remaining principal and interest or delay damages appropriated for the payment of the principal amount in excess of the interest rate under the Interest Limitation Act.

3. Determination

A. As to the principal and interest of the instant loan for consumption, the part in which the interest rate of KRW 100 million was agreed at KRW 50 million per month as to the principal and interest after satisfaction of performance reaches 60% per annum, the portion which exceeds 25% per annum, which is the highest interest rate stipulated in the Interest Limitation Act at the time, is null and void.

Therefore, interest paid by the Plaintiff in excess of 25% per annum from September 20, 2015 to May 1, 2016 should be appropriated for the principal as of the date of payment. If the interest paid in excess is appropriated for the principal, such excess shall be appropriated for the cash loan of this case as shown in the attached Table.